Land Protection Strategies
The following land protection strategies give landowners an array of choices for protecting the conservation values on their property. These range from permanent conservation measures, which become a part of the property's title to more informal agreements. Conservation measures such as those listed below can sometimes result in reduced income tax or a tax-deductible charitable donation; consult your attorney or accountant for additional information. Land protection tools include:
Conservation Easements
The perfect option for farmland, land used for livestock grazing, and areas with natural habitat, conservation easements are a voluntary legal agreement between a private landowner and a non-profit or government agency. The landowner continues to own and use the land for farming, livestock grazing, or to conserve as natural habitat, while at the same time giving up certain rights associated with the land (e.g. mining or land development). Conservation easements permanently protect conservation values, such as wildlife habitat, water suppl,y or open space and need not require public access. With such great flexibility, conservation easements are truly win-win for landowners and wildlife! For more information on conservation easements, see the Land Trust Alliance website. Several agencies and nonprofits in the area hold easements, including: USDA Natural Resources Conservation Service, American Farmland Trust, Sustainable Conservation, Sequoia Riverlands Trust, and Sierra Foothill Conservancy.
Land Donation
For a variety of reasons, landowners may decide to transfer the fee title or ownership of farmland, ranch land, or land with wildlife habitat by making a donation to a non-profit, like TBWP, or a government agency. This is often a good conservation strategy if you do not wish to pass the land on to heirs; own property you no longer use; own highly appreciated property; have substantial real estate holdings and wish to reduce estate tax burdens; or would like to be relieved of the responsibility of managing and caring for land. Land donations can include an outright donation of land; donating a remainder interest in the land while continuing to live on it; donating land through a will or estate plan; or donating the land and receiving a life income through a charitable gift annuity. If you own unfarmed land in the Tulare Basin, consider donating it to form a new, or expand an existing, nature preserve.
Bargain Sale
When a landowner needs to realize cash from their property and donating the land is not an option, they can complete a bargain sale. In this scenario, the landowner sells the land to a charitable organization for less than its fair market value. This can make property more affordable for the nonprofit organization, and offer several immediate financial and tax benefits to the landowner: it provides cash, avoids some capital gains tax, and entitles the landowner to a charitable income tax deduction based on the difference between the land's fair market value and its sale price.
Cooperative Management Agreement
These agreements, also called memorandums of understanding, occur between a landowner and a conservation organization, like TBWP, or a government agency. These agreements are less formal than the conservation strategies discussed above and do not alter or change the property title. TBWP works with willing landowners to determine mutually-agreed upon conservation practices that will, for example, improve wildlife habitat and travel corridors, augment water supply, improve water quality, or increase wildlife-friendly agriculture.
Conservation Easements
The perfect option for farmland, land used for livestock grazing, and areas with natural habitat, conservation easements are a voluntary legal agreement between a private landowner and a non-profit or government agency. The landowner continues to own and use the land for farming, livestock grazing, or to conserve as natural habitat, while at the same time giving up certain rights associated with the land (e.g. mining or land development). Conservation easements permanently protect conservation values, such as wildlife habitat, water suppl,y or open space and need not require public access. With such great flexibility, conservation easements are truly win-win for landowners and wildlife! For more information on conservation easements, see the Land Trust Alliance website. Several agencies and nonprofits in the area hold easements, including: USDA Natural Resources Conservation Service, American Farmland Trust, Sustainable Conservation, Sequoia Riverlands Trust, and Sierra Foothill Conservancy.
Land Donation
For a variety of reasons, landowners may decide to transfer the fee title or ownership of farmland, ranch land, or land with wildlife habitat by making a donation to a non-profit, like TBWP, or a government agency. This is often a good conservation strategy if you do not wish to pass the land on to heirs; own property you no longer use; own highly appreciated property; have substantial real estate holdings and wish to reduce estate tax burdens; or would like to be relieved of the responsibility of managing and caring for land. Land donations can include an outright donation of land; donating a remainder interest in the land while continuing to live on it; donating land through a will or estate plan; or donating the land and receiving a life income through a charitable gift annuity. If you own unfarmed land in the Tulare Basin, consider donating it to form a new, or expand an existing, nature preserve.
Bargain Sale
When a landowner needs to realize cash from their property and donating the land is not an option, they can complete a bargain sale. In this scenario, the landowner sells the land to a charitable organization for less than its fair market value. This can make property more affordable for the nonprofit organization, and offer several immediate financial and tax benefits to the landowner: it provides cash, avoids some capital gains tax, and entitles the landowner to a charitable income tax deduction based on the difference between the land's fair market value and its sale price.
Cooperative Management Agreement
These agreements, also called memorandums of understanding, occur between a landowner and a conservation organization, like TBWP, or a government agency. These agreements are less formal than the conservation strategies discussed above and do not alter or change the property title. TBWP works with willing landowners to determine mutually-agreed upon conservation practices that will, for example, improve wildlife habitat and travel corridors, augment water supply, improve water quality, or increase wildlife-friendly agriculture.
